The Chris Cuomo Project - Why the FCC Is Going After Colbert

Episode Date: February 19, 2026

Chris Cuomo breaks down why CBS and Paramount blocked Stephen Colbert from broadcasting an interview with Texas State Rep. James Talarico and why the justification being floated about the “equal time” rule doesn’t hold up. Cuomo walks through the history of the 1934 Communications Act, the Mayflower Doctrine, and the Fairness Doctrine to explain what the FCC actually regulates — and what it doesn’t. He argues that CBS did not have to preempt the interview to comply with the law, and questions whether this move was about legal risk or political pressure. The deeper issue, Cuomo says, isn’t just one guest or one late-night show. It’s how corporate media, government influence, and outdated regulations intersect — and why social media platforms operate with fewer guardrails than broadcast ever did. More speech, not less, is the answer, but only if it’s applied consistently. Join The Chris Cuomo Project on YouTube for ad-free episodes, early releases, exclusive access to Chris, and more: https://www.youtube.com/@chriscuomo/join Follow and subscribe to The Chris Cuomo Project on Apple Podcasts, Spotify, and YouTube for new episodes every Tuesday and Thursday: https://linktr.ee/cuomoproject Get 15% off OneSkin with code cuomo at https://www.oneskin.co/cuomo. #oneskinpod Head to https://factormeals.com/cuomo50off and use code cuomo50off to get 50 percent off and free breakfast for a year. Eat like a pro this month with Factor. Reverse hair loss with iRestore and get exclusive savings on the iRestore Elite—use code CUOMO at https://irestore.com/cuomo! #irestorepod Go to https://Leesa.com for 30% off mattresses PLUS get an extra $50 off with promo code CUOMO, exclusive for my listeners. Learn more about your ad choices. Visit podcastchoices.com/adchoices

You know, who is not one of my guests tonight? That's Texas State Representative James Tala Rico. He was supposed to be here, but we were told in no uncertain terms by our network's lawyers, who called us directly, that we could not have him on the broadcast. Then I was told, in some uncertain terms, that not only could I not have him on, I could not mention me not having him on. And because my network clearly doesn't want us to talk about this, let's talk about this.

Ooh, scary time in America. Everybody likes to say they're for free speech. Everybody likes to say they're against censorship. Until they don't like the speech. Until they'd rather see somebody or something not platformed. There is so much wrong in this. situation. Now, there is a little boost also that I'll talk to you about. Somebody's a big winner here. Somebody's a big winner. And there's a lot that's a big loser. And this is also a window

into something that is so dangerous and so little is known about it. And I will take you through the history and I will take you through the mystery that is our quickly eroding, fundamental freedom. I'm Chris Cuomo. Welcome to the Chris Cuomo project. Look, everybody in the speech game wants as much latitude and freedom as possible. You have to understand the history. You have to understand the inconsistency, okay? And then you got to get into the really sticky business, which is what?

Principle versus purpose. And what does that mean? Well, is all speech the same? Well, content restrictions, the Supreme Court's been very clear, other than porn, specifically kiddie porn. No, you can't have content-based restrictions because it's a slippery slope. And yet, where has that left us? It's left us where complete nonsense bullshit gets as much protection as what you should actually know. That's part of the frustration of freedom.

But you have to realize where all this comes from. Why is Colbert barred from showing James Talarico, the Texas State Representative, who's in the race for U.S. Senate, against Jasmine Crockett, okay, who is his in-party rival now because of this race. They've been nice to each other, but she is the Democratic Party's favorite. I don't know why. Talariko is so superior to her in so many different levels. but he is a white male and that party does very much want to put its imprimatur on diversity, but man, they are trading down in every other way.

But that's my opinion. Let's put it to the side. Talariko is the winner. You now know James Talariko's name in a way you never would have. I've had him on here a couple of times. I've had him on at News Nation. I was an early adopter to him. Why? He represents the best of the Democratic Party.

He comes from a place of faith. conviction. He is eloquent. He is studied and he is fair. And he believes in big ideas about helping the most and staying away from the negativity. It really is a beautiful demonstration of politics. And I am a big fan of his. He wins. Kind of like Don Lemon, not so much Georgia Fort. Why? Because you guys aren't given Georgia Fort. You don't even know. You're like, who? What? That's the other journalist that was arrested by the Trump administration in Minnesota. Don won't mention her because he's too, you know, kind of, I guess, into the limelight and into his moment and into being a martyr, which the left is going to regret because he's eventually going to say things you're not going to want to

own. Meanwhile, Georgia Fort made all the right calls, different calls than he did. I mean, you could argue entering was a little dicey, but I don't think it really changes the legal analysis. But she doesn't get any of the shine. She's not getting any of the support. And I worry for her in taking on the federal government, even though I think their case is bullshit. So the way Don and Georgia are kind of elevated by this negative outcome, so is James Telerico. Now, is James Telerico doing anything wrong? Absolutely not. Move him out of the analysis. Is Stephen Colbert? Absolutely, yes. He is absolutely doing something wrong. 100%. Something illegal? No way. Well, but what about the equal time rule. That's not how it works. I'll explain. But is he doing something wrong? Yeah. He's given the

middle finger to his employer. He does not own his show. He does not own the right to broadcast it. CBS does. And he works for them. And they told him to do something and he didn't. And they would be absolutely in their right to fire him. I don't know why they haven't. Now, maybe it's because they have mixed feelings about why they want to get rid of him in the first place. Maybe Colbert is right, and this is about capitulating to the Trump administration. Okay, if you feel any way you want about him, he's also a lesser player. Now we get into the main players, okay, the federal government and CBS. Did CBS do the right thing here? No, no way did they do the right thing. Shame on Paramount. I can't say shame on Barry Weiss, the new editor or whatever she is of CBS News, because this isn't CBS News, although news will come into the analysis.

This is CBS Entertainment, which will also come into the analysis. CBS is wrong. Why? There is no such thing as preemptive equal time rule. This is not how it works. The way the equal time works is this comes from the 1934 Communications Act. It is only radio and over-the-air television. Why?

Because we're stupid. That's why. Because it's antiquated. And for all the updating that we do, we haven't done it here. Why? Because the businesses thought they were getting more freedom by convincing lawmakers and regulators to not regulate. So it's radio and broadcast, okay, which is what? ABC, NBC, CBS, CBS, CBS, CBS, CBS, CBS.

Fox, okay? Now, Fox News, Fox. So, as to those two things, the FCC has domain over their licenses. There is regulation over cable. There is almost no regulation over Internet, okay? But none of them fall under this. This is where the equal time comes from. And the equal time is what it sounds like. If you have on Tala Rico, you then need to have on the Republican. Or you could argue, you then need to have on Jasmine Crockett. You got to have on his opponents. That's the equal time rule. Okay, why? Come on, it's a parity rule.

Look, do I have a problem with it? Yes, I have a problem with it. Why? I don't like the government telling us how to practice free speech. I think the government should only be in the business of going after people that chill free speech. But in fact, they are the ones chilling it. Does equal time chill it? Not necessarily, but it does make you offer equal time to people who you may not find of equal worth.

And that comes down to basically being a content restriction, in my opinion. But that is my opinion, not the Supreme Court's opinion. The Supreme Court has upheld the equal time rule. Now, is it a little funky as a legal analysis? Yeah, because it kind of feels like government regulation of free speech. Because it is. But policy overrode this simple principle. Okay.

So the Act 29, replaced 34, tested a million times in the Supreme Court has held. That's equal time. Now we start going down the slippery slope. After the equal time rule, okay, there was then the Mayflower doctrine. Have you ever heard of that? The Mayflower doctrine was specifically about radio because radio was everything back in the 30s, 40s, 50s, 60s. TV didn't really become a thing until the late 50s, 60s, okay? The Mayflower doctrine was, you can't have any editorial consideration.

So that's how Murrow and his boys covering World War II had to adopt and adapt. They had to adopt a new kind of manner to adapt to the restriction, which was what? An editorial. So what they decided to do was to get around the Mayflower doctrine, which was no editorializing. they would say, hey, this is specifically an editorial. So you don't have to worry about thinking, I'm slipping it into the news. I'm just going to tell you right now what's going on.

And they'd be sitting there with their cigarette, and it would say, the following opinion is not necessarily the big, right? You probably remember that growing up if you're from a real generation, like Generation X. So he'd be said, war is hell, that. Whatever it was, okay?

That was the Mayflower doctrine. They then get rid of it and replace it with something that was loosely referred to as the Zappell doctrine or the fairness doctrine. What was that? So this was a long time ago. It was 1949. Zappel was a government commissioner. And he came up with this idea that it's really not just about the participant.

And it's not about not editorializing. You can't do that because perspective, where's the line of me offering you perspective versus opinion? Okay. or somebody lies and I say, this person just told you something that is demonstrably false. Now, is that an opinion? No, it's true.

The person actually did lie, but is that editorializing? It got to be too mushy. So they replaced it with the fairness doctrine. And the fairness doctrine was what it sounds like, which is, all right, you just said why the safe act is good

to have voter ID. Now you've got to have on why it isn't good. And because there's a diversity of opinion on just about everything. So Zappel was the guy's name, and they just named it after him. Then came, what I would argue was right but wrong. Right but wrong.

How? 1985, they get rid of the fairness doctrine. Why? It was seen as having a chilling effect, which was the opposite of the intent. The intent of the fairness doctrine was more speech. I'm always in favor of more speech. Okay, why?

Two reasons. No censoring. And second is the better ideas will become apparent. Now, how did I screw up? I screwed up because I assumed that the better ideas would be getting the dominant amount of exposure. It's not so much in social media. You hear bad ideas getting more attention than the right ideas or good ideas or better ideas all the time. So I was kind of wrong about that.

But I would still err on the side of more speech and anti-censorship and no control with one exception. One exception. The algorithms on the social media platforms are poison by design. No other media agent, look at this. Look at it. You had the equal time. You had the Mayflower. You had the Zappel, the Vairness Doctrine.

You had all these things. You have none of them on social media. None. They create algorithms that play to the worst of us that deliver us mis and disinformation, provocation and outrage. All these other things will legislate it to not allow that. But here we allow fucking all of it. Why? Well, we wanted to let the internet grow.

We didn't want them to be overwhelmed with litigation in our 1993-4 Internet Act. Yeah, well, guess what? We overcorrected, okay? Section 230 that exempts them from any kind of responsibility or litigation was a huge mistake. It has to be removed. These mofos are designed on the platforms to divide us for dollars. And you are rewarding people wittingly or unwittingly with, um, you know, rewarding them for amplifying animus and minority opinions. Okay, back to Telarico.

So I'm going to take you through why they did what they did and why it went wrong and how it has to be put right before it's too late. Now, we're going to go into an advertisement because I've got to pay, right? But you don't have to watch it. You can go to YouTube. I got these new subscriptions. You can get it without the commercial. If you want, you can get more of me.

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independent and being a critical thinker and showing that you are different with a nice mug and a blankie. Let's talk about why this went so wrong. CBS did not have to bar this interview. Why? All they had to do was tell Colbert he needed to have on Jasmine Crockett or, or the Republican. That's the equal time fix. There is no more fairness doctrine. It went away in 1985. Why? Because they believed it was having a chilling effect, which I believe was kind of wrong-minded.

So they got rid of the fairness doctrine because they felt that it was making people hunt for different perspectives on things where maybe they didn't see them or maybe they didn't wait them equally. Well, I think that's called journalism. And again, I'm okay with government being completely out of the speech business. But I do think we're in a position now where a fairness doctrine may be helpful because you have all these outlets that only have on one side.

I mean, when's the last time you saw any real Republicans on MS? When's the last time you saw real Democrats who aren't patsies who are clearly a different level of talent being inferior than the righties on Fox? I mean, you ever watch the five? You really think the lefties

even get a word in edgewise or anything other than a pinata for that little toxic troll and the other guys? So, again, I don't want content regulation for sure. I don't want government regulation for sure, but the idea that we have the FCC and that they're making rules,

why doesn't it apply to everything then? Because where we need it most is where we have at the least, which is social media and the platforms with their algorithms. So CBS Paramount had no reason to preempt this. Are they allowed to? Yes. Why? It's their call.

It's their platform. Oh yeah, but Colbert wanted to do it. Fuck Colbert. He works for them. Colbert's definitely in the wrong. Now, I would argue he's fighting the right fight, but it's not his fight to have. It's his bosses. And he should quit. But he wants to scratch, so he doesn't.

Now, why did they not have to preempt? Because all they had to do was balance it with equal time. Well, they didn't want to do that because they didn't want to get into that game with the goal. That's their choice. But it's not the law. And it's not the common practice, by the way. The common practice is more speech, inclusivity, expanding the coverage.

Now, here's another aspect of the law that you have to understand. Why would Colbert be a part of equal time? Not all media is part of equal time. What do you mean? Bonafide news. What does bona fide mean? In good faith. So what is that?

Newscasts, my show, Cuomo on News Nation, other 60 Minutes. 2020, you know, other shows, news shows. Why? Because we give those outlets the discretion to put on what they think is fair. That's the exemption. So equal time, the Zappel Doctrine or anything else has not applied to a newscast. It's not, tonight we have on James Tala Rico, and then right after this, I'm going to have to have on the Republican or the Democrat running against him. We don't do that. So they have given talk shows, daytime. talk shows and nighttime talk shows the same exemption. Now, here's the funny thing. Daytime talk shows and nighttime entertainment shows are shit compared to news shows.

They're all entertainment and, you know, non-news, right? And I do think it's a sad commentary that comedians have become more of a touchstone for our politics than your major news anchors. Maybe there's a good, maybe there's a bad. I don't know. bothers me. It doesn't have to bother you. But isn't it weird that completely non-news things were included in the exemption of the equal time rule? But think about if they're not. Why would you have entertainment shows have to adhere to the equal time rule? So even though they're not exempted

for the same basis of principle, which is don't tell the media, the news media, don't tell journalists how to be fair as the government, you don't get to do that. We do include the least fair outlets that aren't even news. Why? Because why would they be in the equal time game? He's a comedian. You know what I mean? Who's looking for balance on that? It's all bullshit. Live daytime talk shows even more so. It's like, whose baby is it? You know, bullshit. So why would they have to balance anything? So now they're saying, well, maybe at night you don't get that equal time rule. So you got to start. having people on from both sides, but how's that entertaining? I mean, the guy's a comedian.

How is he going to be as funny with someone he doesn't want to interview as someone he does want to interview? Well, they never have right he's on. Well, that's why Fox News is killing it. Right? I mean, that's why all they're, because that's where people go if they want that. And there happened to be a lot more people who don't want it than those who do. Okay? Why? Because we see what the audience saturation is. And if you want it, why are the podcasters killing it? Why are all the pod bros and Megan Kelly and all these other dividers for dollars? Why are they doing so well? Well, they're mostly being watched by Ritees and a new breed of independent,

which is really a righty. And there are a lot of independents that are really lefties that left the Democratic Party. I'm in favor of any independent because I think the parties are killing us. Support comes from Factor. Let me tell you, you want to get your fitness right. You got to get your food right. I don't have time. I just had to grab something.

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It does not apply to the internet. does not apply to cable, but they regulate that in other ways. So it's just radio and TV. So CBS has a right to be worried about it. They just didn't have to preempt it. Paramount did not have to preempt this. Did they do this to please the Trump administration? That's for them to answer, but I don't know how it isn't.

I don't know who else benefits from this. This is James Tala Rico. This guy is not like some firebrand Trump basher. He's one of the most positive, progressive people in the country. in terms of leadership. You know what I mean? Like he's not Trump's enemy, right? Jasmine Crockett, I could see.

I mean, she's a little bit more of that fire, flamethrower kind of deal. You know, I'm not judging it. I'm just delineating it. But yeah, of course, Paramount wants to get its deal done. And look, Paramount may buy CNN. They may buy Warner. They are Trump's buddies.

So it is interesting to me that they would be so obsequious to Trump when he really likes them and wants them to do more because he thinks they'll cover him more fairly. And maybe that is what they're doing by telling Colbert we don't want to have people on who are anti-Trump, even if it's a mild version like James Talleyico. But to say that it's a preemptive move for the equal time doctrine is bullshit. Just say we want to be nice to Trump. Don't try to make it like you're being high-handed and don't have the lawyers handle it. it's not a legal issue. It's not. It's not a legal issue. Doing it preemptively is not a legal issue.

You don't have to do that to satisfy equal time. So your answer to having equal time is having no time. That's your answer. That's more fair than what the equal time doctrine is supposed to be approaching, which is balance as fairness. You're going to have just nothing as fairness. It's bullshit. Colbert is wrong, but I get why he's fighting that fight.

Paramount is wrong. Is the FCC wrong? I don't know. It depends on the issue. On this one, I don't even know that they spoke about it, right? This was all done for them. I do think that hunting after people for not being fair to Trump is a little obvious when it's coming from the Trump administration. Do I think there is a need for the fairness doctrine again? No. And if there was going to be anything like it, seeing how we do have these things in place now, it should be on social. media. I think social media needs it the most. It has the most reach. I think it's the most corruptive. I think it's got the most misinformation and disinformation. I think it's the most, it is the worst example of everything that regulars have ever been worried about. That's what I think. Now, what do I think should happen? I think Dalariko should come on my show. Why? Because I get the bona fide news exemption. And I don't have to have on the other

side. But guess what? Here's the kicker. That is my brand, is being fair. I would have on Jasmine Crockett, and I would compare the two. Maybe not the same night. That's a lot of Texas Senate. But I would do it, and I'd have on the Republican. Why? Because at News Nation, what I believe I'm doing there is all voices are welcome. I don't censor. I don't shade in terms of the guests. I have them on and I want them all to be strong voices. And I look for the strongest voices representing different perspectives. For instance, I don't have any problem showing an ID when I vote, but I do understand the policy arguments about why it will have a chilling effect and disenfranchised people who vote now. And I don't think it's going to do anything for illegal voting because I don't know illegal voting is a real thing.

And the idea is, well, we don't know that it's a real thing or not because we can't check. That's bullshit. That's called a straw man argument. That's not a real thing. You can't play on the non-existence of a fact. You're playing on the unknown. That's just conspiracy, you think. So get the strongest voice who's in favor of it, and their argument is pretty simple, right?

It's just everybody shows an ID for everything. All I'll say is this. If this act goes into practice, do you believe that it will have more or fewer people voting who are citizens? I say it has to have fewer. Has to, because you're not going to have 100% compliance. And I think the right is absolutely okay with that because they believe that the people who won't be voting aren't their voters because they're poor in black. But a lot of them are poor in white. I think they're making a mistake.

But be that as it may. Tell me this in terms of fairness and how we do this in the practice of journalism so that I don't need the government to tell me to do it. Why is it that the same people who want you to have voter ID do not want you to be able to register to vote when you get that ID as a driver? motor voter. They didn't want motor voter. Why? Well, illegals can get driver's licenses and then they can register to vote. Yeah, you know who else can?

Citizens. And you know how more common it is with citizens than with illegal people? Like a million times 10 to one. That's what you're doing. So again, what is your real motivation? I don't believe it's safety. I don't believe it's about making sure only people who are citizens. vote, I think it's about having fewer voters. Why? Because it's better for them. They're playing to a

minority in this country, not the majority. That's fairness. And I'll have on the best people to make the arguments on both sides. And then you can decide because you're a critical thinker. And the equal time rule has been in since 1934 and has been approved again and again and again by the Supreme Court. And I don't love the rulings, but that is the ruling. I do not think we need the government to tell us how to practice journalism or how to practice fairness, especially when you can can see what a government administration can be about. Do you really want the Trump administration to be telling you how to practice fairness or journalism? I don't. Do we need the fairness doctrine back? No, for the reasons I just said. Did CBS need to do this preemptively? No, they did not. Paramount

did not need to do this. Well, the FCC, though, has said they have concerns. So then have the other side on. What's wrong with that? More speech, not less. Don't censor, allow the best ideas to rise. Our problem is social media where none of these rules are at play and as a result, their whole business model is designed on an algorithm

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Serious XM in the morning, 7 to 9 Eastern, Channel 124, POTUS. That's a feedback mechanism. A lot of calls, some big name guests, but a lot of calls. Me and you, do so at us, as you're getting ready in the morning. The podcast, you go to YouTube, you get your subscriptions, you get the level of involvement you want, you get the level of me in your life that you want. You can get the merch, which, look, again, I'm not selling Cuomoware. I mean, that is so in some.

sufferably arrogant. And who cares about Cuomo? Cuomo's not the brand, right? I'm just the delivery device. The brand is being independent, being a critical thinker, being different than these lemmings and pack animals that just believe that as long as the other side is a little worse than they, they win. They're the problem. You want to be a free agent. You want to wear your independence. That's why I sell the merch. Now, good question. What do I do with the money from the mother? and the blankets and the thing and that, I give it away. I give it away. Have I screwed that up? Yep. How? I don't have a foundation or something like that. So I'm just kind of doing it and getting killed on the taxes. I'll figure it out once the money becomes real enough where it's worth

dealing with. But remember when I gave like 10 grand a couple of different times to my friend who's running Inara, that organization in Gaza to help kids who were affected by the war? That's where came from. The dad, who had to drive Uber because the shutdown kicked him out of working as an air traffic controller. I gave him 10 grand. That's where it came from. So you can feel good about buying the merch because that's where the money is going to go. Crowdsourced contributions we can all feel good about, all right? And then News Nation, 8P, Eastern and midnight every weekday night. Thank you very, very much for giving me the opportunity. I'm trying to be busy because the battle is here. Let's get after.